What is the legal status of an individual who is elderly but still lacks financial discretion?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
An individual who has reached old age but lacks the necessary discretion to manage wealth remains under legal restriction, as the condition for lifting the restriction is soundness of judgment, not merely age. Al-Qasim ibn Muhammad ibn Abi Bakr Al-Siddiq reportedly refused to return the property of an elderly man from Quraysh due to his weak intellect, stating, "You are corrupt." The principle is established that guardianship remains over the financially incompetent person (Al-Sufaha'), as stated in the verse: "And do not give the financially incompetent (Al-Sufaha') your property" (Quran 4:5), meaning their property.
Supporting text
The opposing argument relies on the verse, "And if he of whom the right is due is unable to dictate, then his representative shall dictate justly" (Quran 2:282), implying guardianship is established for the incompetent. Another consideration raised by the opposing view is that an elderly woman can become a grandmother at twenty-one, challenging any strict age-based cut-off.